LGBT parenting in Canada

Last updated

LGBT (lesbian, gay, bisexual, and transgender) parents in Canada have undergone significant progress in terms of both legal and social acceptance. Same-sex couples who wish for parenthood now enjoy equally the possibilities, responsibilities and rights of opposite-sex couples. Following the nationwide legalization of same-sex marriage in 2005, the number of LGBT families in Canada has increased substantially, paving the way for same-sex couples' aspirations of having their own children. Legal methods of assisted reproduction range from insemination via IVF through to surrogacy arrangements.

Contents

Background

Queer was previously used as a derogatory term; in the 1990s it was re-appropriated by activists and today is used an umbrella term to describe persons who hold gender and sexual identities not understood as oppositional to heterosexual identities (see Heterosexuality). [1] Queer parenting today has been made possible by activism beginning in the 1970s, when activists lobbied for the recognition of gay and lesbian parent’s rights. [2] Changes in law, policy, access to assisted reproductive technology, and social attitudes have worked to recognize queer individuals and families as having both the ability and rights to parent. Recent studies have shown children of queer parents possess unique positive attributes, including and not limited to egalitarian attitudes (see egalitarianism), acceptance of social diversity, and high self-esteem. [3]

Biological reproduction outside of heterosexual relationships has challenged the hegemonic Western concept of bio-centric familiar relationships. For many this has shifted the understanding of reproduction outside a heterosexual framework towards family and parenting as relational models. [4] Family formations may include (and not limited to) single parents, paired parents, co-parents, polyamorous relationships, and numerous combinations of these forms.

Biological Conception

Assisted Reproduction in Canada is governed under the Assisted Human Reproduction Act. This law regulates practices concerning assisted reproduction such as methods of conception and handling of reproductive tissues. The Act declares discrimination or withholding of assisted reproduction on the grounds of sexual orientation or marital status illegal. Additionally, some Canadian provinces and territories govern rights and responsibilities of parties involved in assisted reproduction. In some instances, queer families may require legal consultation to navigate these rights and responsibilities, resulting in delayed conception and associated costs. [5] All interaction with Assisted Reproduction Clinics or Fertility clinics in Canada must be initiated by referral from a family physician. Although health care in Canada is a publicly funded system some assisted reproduction services have an associated cost which must be paid by clients, for example the freezing of sperm or eggs for future use. Queer parents may face additional challenges within assisted reproduction services, as these services were originally developed for heterosexual couple having difficulty conceiving compared to families who require assistance to conceive. [6] Challenges may include forms which do not allow for correct gender identification, assumptions regarding relationship status and family configuration, uniformed counselors etc. [7]

Two common methods of conception are insemination and in vitro fertilization. Families choosing to reproduce via insemination use fresh or frozen sperm to impregnate a biological mother whose egg will be used to conceive. Sperm for insemination may be inserted near the cervix, a process that can be completed at home; in some cases, sperm is inseminated into the uterus which is a clinical procedure. [8] The use of sperm for insemination is regulated and in some cases a letter of permission from Health Canada prior to use. [9] In vitro fertilization entails fertilizing an egg with sperm outside the body and placing the formed embryo into the uterus of the person who will carry the pregnancy. [10] Here parents or donors may contribute biological tissue, in some cases a surrogate mother may be sought out (see Surrogacy ). Since 2004, only altruistic surrogacy has been permitted by the Assisted Human Reproduction Act which allows surrogate mothers to be reimbursed for certain, legitimate expenses. This prohibition shall prevent (commercial) malpractice of reproduction which is illegal under Canadian law (see also Surrogacy laws in Canada ). Health Canada, the department of the Canadian government which is responsible for national public health, is developing specific regulations about what constitutes a lawful expenditure. However, both altruistic and commercial is currently illegal in the province of Quebec.

Assisted reproductive technology is utilized by Queer parents within a variety of approaches. Decisions regarding who shall conceive and with what reproductive tissues may be made on the basis of; sexual orientation, gender identity, family configuration, available egg donors (see egg donation), availability of sperm donors (see sperm donation), racial/cultural consideration, reproductive health, and access to financial resources. [11] Here novel approaches to creating biological relations can be accomplished by selecting which egg and sperm are used, for example using sperm and egg donors multiple times to create biological ties between children. [12]

Birth Registration

In Canada registration of birth is required to attain a birth certificate and social insurance number. Birth registration processes are set by individual provinces and may present unique challenges for Queer families. For example, in Ontario a female same sex couple using an unknown sperm donor may place both their names on the form automatically. If a known sperm donor is used the donor must forfeit their rights and the non-biological parent must legally declare second parentage or second parent adoption. This creates a lapse in legal recognition of the non-biological parent, the family maintains responsibility for legal fees.

Recent developments

Recent legal proceedings have provided progressive results for families who wish to incorporate more than two parents on a child's birth certificate. In 2007 an Ontario a judge granted three individuals parental status of a child. This case involved a lesbian couple who wished to have their known sperm donor recognized as a parent. This has opened the possibility of three parents to be allotted parental status on a case to case basis. [13] The new Family Law Act in British Columbia, enacted in March 2013 allows for up to four parents to be listed on a birth registration. The act allows for donors to be listed a birth parents so long as the donor signs written consent prior to conception [14]

Mental Health of Non-Birth Parents

While biological health considerations for queer parents who conceive are easily visible, mental health concerns for non-biological parents may be more difficult to identify. Non-biological parents often struggle with the social perception that their role is considerably different or less important than the biological parent. This negative perception may be confounded by existing homophobic stigmas. [15] Additionally infertility of the non-biological parent may also permanently disable the biological connection to parenting. These negative attitudes leave the non-biological parent at risk for negative mental health outcomes. [16]

Adoption

Queer parents wishing to adopt (see adoption) children into their families have three routes available.

Public Adoption

In Canada public adoption legislation, guidelines and eligibility are unique to each province. Prospective parents should familiarize themselves with practices within their home province as eligibility criteria vary. Public adoption agencies do not charge fees, although parents may be responsible for accessory costs. The process usually costs between $0–3000 CAD [17]

Private Adoption

Private adoption is handled through third party agencies who work with birth parents to match children with adoptive parents. Private adoption costs between $10000- 20000 CAD [18]

International Adoption

International Adoption is handled though agencies housed in their respective countries. With the exception of some US agencies no international adoption agencies accept LGBTQ prospective parents. International adoption costs $25000+ CAD [19]

Social Support

For some Queer persons revealing the intent to become parents can force a social recognition of their sexual identity that may have been previously unacknowledged by others. [20] In some instances of partnered relationships one partner, dubbed the "silent partner", may not actively express their sexual identity. Embarking on a path toward parenting may necessitate the silent partner's process of coming out. [21] These acknowledgements are important to establish individual identity to fostering community building. In some cases non-normative gendered parents report taking years to build a supportive community to welcome a child into . Here persons may surround themselves with a "family of choice," who supportive their family building process and provide a sense of belonging . In some cases new relationships can take a novel approach to recreating traditional familial relationships, i.e. elder supportive friends acting as grandparents. [22] Social Support is also key when considering Assisted Human Reproduction as the emotional/physical/financial investment can be taxing, having a support network can lessen the burdens of these stresses [23]

Resources

There are multiple resources for queer parenting, queer blogs being one of them, as being part of a virtual parenting community can be rewarding as it can help in navigating the everyday struggles of parenting by giving advice, empathy or just a good laugh. Blogs and other forms of social media are a way of offering support by representing marginalized groups, such as the queer community. Interacting with blogs that discuss the particular challenges that pertain to queer parenthood can be inspirational and affirming, a source of comfort for anxious parents-to-be

Notes

  1. ↑ Love 2014. p.172
  2. ↑ Box A 2009. px
  3. ↑ Epstein 2009, p. 15-16
  4. ↑ Abelstein 2013, p. 389-397
  5. ↑ green 2012. p.4
  6. ↑ green 2012, p4
  7. ↑ green 2012, p.5
  8. ↑ green 2012, p.6
  9. ↑ green 2012. p.9-10
  10. ↑ green 2012, p. 8
  11. ↑ green 2012, p.6
  12. ↑ Pelka 2009, p.84
  13. ↑ Court 2007
  14. ↑ Rolfsen 2014
  15. ↑ Abelstein 2013, p.389
  16. ↑ Abelstein 2013, p.393
  17. ↑ Adoption (n.d.)
  18. ↑ Adoption (n.d.)
  19. ↑ Queer 2014
  20. ↑ Luce 2010, p.49
  21. ↑ Luce 2010, p. 55
  22. ↑ Luce 2010, p. 67
  23. ↑ green 2012, p. 13

Related Research Articles

In vitro fertilisation Assisted reproductive technology procedure

In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm outside the body, in vitro. The process involves monitoring and stimulating a woman's ovulatory process, removing an ovum or ova from the woman's ovaries and letting sperm fertilise them in a liquid in a laboratory. After the fertilised egg (zygote) undergoes embryo culture for 2–6 days, it is implanted in the same or another woman's uterus, with the intention of establishing a successful pregnancy.

Mother Female parent

A mother is the female parent of a child. Mothers are women who inhabit or perform the role of bearing some relation to their children, who may or may not be their biological offspring. Thus, dependent on the context, women can be considered mothers by virtue of having given birth, by raising their child(ren), supplying their ovum for fertilisation, or some combination thereof. Such conditions provide a way of delineating the concept of motherhood, or the state of being a mother. Women who meet the third and first categories usually fall under the terms 'birth mother' or 'biological mother', regardless of whether the individual in question goes on to parent their child. Accordingly, a woman who meets only the second condition may be considered an adoptive mother, and those who meet only the first or only the third a surrogacy mother.

Parent

A parent is a caregiver of the offspring in their own species. In humans, a parent is the caretaker of a child. A biological parent is a person whose gamete resulted in a child, a male through the sperm, and a female through the ovum. Biological parents are first-degree relatives and have 50% genetic meet. A female can also become a parent through surrogacy. Some parents may be adoptive parents, who nurture and raise an offspring, but are not biologically related to the child. Orphans without adoptive parents can be raised by their grandparents or other family members.

Insemination is the introduction of sperm into a female animal’s reproductive system for the purpose of impregnating or fertilizing the female for sexual reproduction. The sperm is introduced into the uterus of a mammal or the oviduct of an oviparous (egg-laying) animal. In mammals, insemination normally occurs during sexual intercourse or copulation, but insemination can take place in other ways, such as by artificial insemination.

Assisted reproductive technology

Assisted reproductive technology (ART) includes medical procedures used primarily to address infertility. This subject involves procedures such as in vitro fertilization, intracytoplasmic sperm injection (ICSI), cryopreservation of gametes or embryos, and/or the use of fertility medication. When used to address infertility, ART may also be referred to as fertility treatment. ART mainly belongs to the field of reproductive endocrinology and infertility. Some forms of ART may be used with regard to fertile couples for genetic purpose. ART may also be used in surrogacy arrangements, although not all surrogacy arrangements involve ART.

Surrogacy Arrangement in which a woman carries and delivers a child for another couple or person

Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman agrees to bear a child for another person or persons, who will become the child's parent(s) after birth.

Third-party reproduction or donor-assisted reproduction is any human reproduction in which DNA or gestation is provided by a third party or donor other than the one or two parents who will raise the resulting child. This goes beyond the traditional father–mother model, and the third party's involvement is limited to the reproductive process and does not extend into the raising of the child. Third-party reproduction is used by couples unable to reproduce where they would otherwise be unable to do so, by same-sex couples, and by men and women without a partner. Where donor gametes are provided by a donor, the donor will be a biological parent of the resulting child, but in third party reproduction, he or she will not be the caring parent.

A sperm bank, semen bank or cryobank is a facility or enterprise which purchases, stores and sells human semen. The semen is produced and sold by men who are known as sperm donors. The sperm is purchased by or for women for the purpose of achieving a pregnancy or pregnancies other than by a sexual partner. Sperm sold by a sperm donor is known as donor sperm. Sperm is introduced into the recipient woman by means of artificial insemination or by IVF and the process may also involve donated eggs or the use of a surrogate.

Egg donation is the process by which a woman donates eggs to enable another woman to conceive as part of an assisted reproduction treatment or for biomedical research. For assisted reproduction purposes, egg donation typically involves in vitro fertilization technology, with the eggs being fertilized in the laboratory; more rarely, unfertilized eggs may be frozen and stored for later use. Egg donation is a third party reproduction as part of assisted reproductive technology.

A donor offspring, or donor conceived person, is conceived via the donation of sperm or ova, or both. In the case of embryo donation, the conceiving parents are a couple.

LGBT parenting LGBT people parenting one or more children

LGBT parenting refers to lesbian, gay, bisexual, and transgender (LGBT) people raising one or more children as parents or foster care parents. This includes: children raised by same-sex couples, children raised by single LGBT parents, and children raised by an opposite-sex couple where at least one partner is LGBT.

Fertility clinic

Fertility clinics are medical clinics that assist couples, and sometimes individuals, who want to become parents but for medical reasons have been unable to achieve this goal via the natural course. Clinics apply a number of diagnosis tests and sometimes very advanced medical treatments to achieve conceptions and pregnancies.

Sperm donation laws vary by country. Most countries have laws to cover sperm donations which, for example, place limits on how many children a sperm donor may give rise to, or which limit or prohibit the use of donor semen after the donor has died, or payment to sperm donors. Other laws may restrict use of donor sperm for in vitro fertilisation (IVF) treatment, which may itself be banned or restricted in some way, such as to married heterosexual couples, banning such treatment to single women or lesbian couples. Donated sperm may be used for insemination or as part of IVF treatment. Notwithstanding such laws, informal and private sperm donations take place, which are largely unregulated.

Fertility tourism is the practice of traveling to another country or jurisdiction for fertility treatment, and may be regarded as a form of medical tourism. One can usually be considered as having fertility issues when they are unable to have a clinical pregnancy after 12 months of attempts with intercourse. Infertility, or the inability to get pregnant, affects about 8-12% of couples looking to conceive or 186 million people globally. In some places, rates of infertility surpass the global average and can go up to 30% depending on the country. Areas with lack of resources, such as assisted reproductive technologies (ARTs), tend to correlate with the highest rates of infertility.

Sperm donation is the provision by a man of his sperm with the intention that it be used in the artificial insemination or other 'fertility treatment' of a woman or women who are not his sexual partners in order that they may become pregnant by him.

Religious response to assisted reproductive technology (ART) deals with the new challenges for traditional social and religious communities raised by modern assisted reproductive technology (ART). Because many religious communities have strong opinions and religious legislation regarding marriage, sex and reproduction, modern fertility technology has forced religions to respond.

Surrogacy laws by country

The legal aspects of surrogacy in any particular jurisdiction tend to hinge on a few central questions:

Law in Australia with regard to children is often based on what is considered to be in the best interest of the child. The traditional and often used assumption is that children need both a mother and a father, which plays an important role in divorce and custodial proceedings, and has carried over into adoption and fertility procedures. As of April 2018 all Australian states and territories allow adoption by same-sex couples.

Surrogacy is legal in Canada provided that it is altruistic (unpaid). The Assisted Human Reproduction Act of 2004 criminalizes commercial surrogacy. The validity of surrogacy contracts and the process for establishing parenthood of the child is governed by provincial law. Quebec fails to recognize any surrogacy contracts, whereas British Columbia has the most permissive laws governing surrogacy. Provinces also vary in the degree to which they compensate surrogacy expenses, such as IVF procedures.

Circle Surrogacy & Egg Donation is a US-based surrogacy and egg donation agency headquartered in Boston, Massachusetts. Circle Surrogacy carries an audited success rate for intended parents having a baby at 99.3%.

References

  1. ↑ Frequently Asked Questions (n.d.). Retrieved November 2, 2014 from http://www.adoption.ca/faqs Archived 2018-10-03 at the Wayback Machine
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.